Cited by

Opinions in Louisiana that cite Noe v. Roussel, 310 So. 2d 806.

68 citing documents.

Succession of John Garner Lynch La. Ct. App. 2d Cir. 2025
Succession of John Garner Lynch La. Ct. App. 2d Cir. 2025
Karen Moulton, Individually and on Behalf of All Others Similarly Situated v. Stewart Enterprises, Inc., John B. Elstrott, … La. Ct. App. 4th Cir. 2021
13 The Louisiana Supreme Court described an “arm’s length” transaction as one in which “the transaction is in good faith and the consideration paid is adequate.” (La.
Languirand v. Lopez 261 So. 3d 1054 La. Ct. App. 1st Cir. 2018
And, in Noe v. Roussel , (La.
Helen Moore v. MacQuarie Infrastructure Real Assets La. Ct. App. 3d Cir. 2017
As such, it found that a valid right of action existed for shareholders when the breach of fiduciary duty caused a personal loss
Moore v. Macquarie Infrastructure Real Assets 258 So. 3d 750 La. Ct. App. 1st Cir. 2017
As such, it found that a valid right of action existed for shareholders when the breach of fiduciary duty caused a personal loss, citing Noe v. Roussel
Simone B. Guillory v. Samuel S. Broussard, Jr. La. Ct. App. 3d Cir. 2016
In one of these cases, -19 (La.1975), the supreme court held that “an agent who acquires his principal‟s property, or one who otherwise acts in a fiduciary capacity, bears the burden of establishing that the transaction was an arm‟s length affair.” Additionally, this court, in Woodstock Enterprises, Inc. v. International Moorings &
Guillory v. Broussard 190 So. 3d 486 La. Ct. App. 1st Cir. 2016
*501 (emphasis added.), the Louisiana Supreme Court discussed the following relevant criteria from the United States Supreme Court case of Pepper v. Litton, 308 U.S. 295 , 60 S.Ct.
Robert Duncan v. Moreno Energy, Inc. La. Ct. App. 3d Cir. 2013
Rather, Mr. Duncan contends that the defendants were required to prove that Mr. Moreno acquired those assets in good faith and that the transactions were entered into at arm’s length.
Duncan v. Moreno Energy, Inc. 129 So. 3d 849 La. Ct. App. 1st Cir. 2013
Rather, Mr. Duncan contends that the defendants were required to prove that Mr. Moreno acquired those assets in good faith and that the transactions were entered into at arm’s length.
Ttv, LLC v. David B. Simmons La. Ct. App. 3d Cir. 2011
A fiduciary must handle the manner entrusted to him “as though it were his own affair.”
TTV, L.L.C. v. Simmons 58 So. 3d 684 La. Ct. App. 1st Cir. 2011
A fiduciary must handle the manner entrusted to him “as though it were his own affair.”
Wooley v. Lucksinger 14 So. 3d 311 La. Ct. App. 1st Cir. 2009
741, 744 (W.D.La.1995), quoting
Hayward v. Hayward 5 So. 3d 317 La. Ct. App. 1st Cir. 2009
Leary v. Foley 978 So. 2d 1018 La. Ct. App. 4th Cir. 2008
Sampson v. DCI of Alexandria 970 So. 2d 55 La. Ct. App. 3d Cir. 2007
741, 744 (W.D.La.1995), quoting
Mark Sampson v. Dci of Alexandria, Inc. La. Ct. App. 3d Cir. 2007
741, 744 (W.D.La.1995), quoting
Brown v. ANA Ins. Group 965 So. 2d 902 La. Ct. App. 1st Cir. 2007
Nalty v. D.H. Holmes Co. 882 So. 2d 1 La. Ct. App. 1st Cir. 2004
(“any agent who acquires his principal’s property; or- one who otherwise acts an a fiduciary capacity, bears the burden of establishing that the transaction was an arms length affair”), and Olinde v. 400 Group, 95-1233 (La.App.
Trayanoff v. Oak Island Land Co. 870 So. 2d 349 La. Ct. App. 1st Cir. 2004
Foster v. Blackwell 747 So. 2d 1203 La. Ct. App. 3d Cir. 1999
Murchison v. Trammel 737 So. 2d 932 La. Ct. App. 3d Cir. 1999
Feiber v. Cassidy 723 So. 2d 1101 La. Ct. App. 1st Cir. 1998
Beckstrom v. Parnell 730 So. 2d 942 La. Ct. App. 1st Cir. 1998
741, 744 (W.D.La.1995), quoting
Scurria v. Hodge 720 So. 2d 460 La. Ct. App. 2d Cir. 1998
Woodward v. Steed 715 So. 2d 629 La. Ct. App. 2d Cir. 1998
Beckstrom v. Parnell 714 So. 2d 188 La. Ct. App. 1st Cir. 1998
741, 744 (W.D.La.1995), quoting
Interdiction of Fields 711 So. 2d 858 La. Ct. App. 2d Cir. 1998
Our supreme court has stated such action “carries fraud on its face” and subjects the fiduciary to “rigorous scrutiny” to establish that the transaction is an appropriate, “arm’s length affair.”
CHURCH POINT WHOLESALE BEVERAGE CO. v. Voitier 706 So. 2d 1015 La. Ct. App. 3d Cir. 1998
Hirsch v. Cahn Elec. Co., Inc. 694 So. 2d 636 La. Ct. App. 2d Cir. 1997
Theriot v. Bourg 691 So. 2d 213 La. Ct. App. 1st Cir. 1997
which dealt solely with self-dealing to describe the fiduciary duty owed by a director.
Olinde v. 400 GROUP 686 So. 2d 883 La. Ct. App. 1st Cir. 1996
Woodward v. Steed 680 So. 2d 1320 La. Ct. App. 2d Cir. 1996
Brown v. Brown 680 So. 2d 1203 La. Ct. App. 2d Cir. 1996
: [A]n agent who acquires his principal's property, or one who otherwise acts in a fiduciary capacity, bears the burden of establishing that the transaction was an arm's length affair.
Maestri v. DESTREHAN VET. HOSP., INC. 653 So. 2d 1241 La. Ct. App. 5th Cir. 1995
Palmisano v. Mascaro 611 So. 2d 632 La. Ct. App. 4th Cir. 1992
It also breaches the general partner's duty () for a fiduciary to maintain arm's length distance during transactions.
Mary v. Lupin Foundation 609 So. 2d 184 La. 1992
Kyson v. Kyson 596 So. 2d 1308 La. Ct. App. 2d Cir. 1991
Art. 2404, which has been repealed); (fiduciary duty of a corporate liquidator; "...
Schudmak v. Prince Phillip Partnership 573 So. 2d 547 La. Ct. App. 5th Cir. 1991
Spruiell v. Ludwig 568 So. 2d 133 La. Ct. App. 5th Cir. 1990
Terry v. Terry 565 So. 2d 997 La. Ct. App. 1st Cir. 1990
Levy, 443 So.2d at 543 ; -18 (La.1975).
Laporte, Sehrt, Romig & Hand, CPA's v. Gulf Island Operations 557 So. 2d 359 La. Ct. App. 4th Cir. 1990
Dunbar v. Williams 554 So. 2d 56 La. Ct. App. 4th Cir. 1989
App. 4th Cir.1965); -19 (La.1975).
Central Bank v. Frost 552 So. 2d 508 La. Ct. App. 2d Cir. 1989
Robinson v. Snell's Limbs and Braces of New Orleans, Inc. 538 So. 2d 1045 La. Ct. App. 4th Cir. 1989
Peoples Bank & Trust Co. v. Insured Lloyds of New York 537 So. 2d 1307 La. Ct. App. 1st Cir. 1989
Lloyds contends that Billing had an open account with a previous balance with LCI and this fact made Melder’s negotiations with Billings a breach of his fiduciary duty, in support of their argument that an agent who acquires his principal’s property or who otherwise acts in a fiduciary capacity must handle the matter as if it were his own business.
Landry v. Thibaut 523 So. 2d 1370 La. Ct. App. 5th Cir. 1988
Before the Wilson case, supra, Louisiana courts recognized the right of a shareholder to sue individually for breach of fiduciary duty in liquidation proceedings, where the fiduciary duty of a corporate officer or director was vested in the liquidator.
Woodstock Enterprises, Inc. v. International Moorings & Marine, Inc. 524 So. 2d 1313 La. Ct. App. 1st Cir. 1988
Rivercity v. American Can Co., supra, at 922
Woodstock Ent. v. INTERN. MOORINGS, ETC. 524 So. 2d 1313 La. Ct. App. 3d Cir. 1988
Rivercity v. American Can Co., supra, at 922
McMillan v. Bank of the South 514 So. 2d 227 La. Ct. App. 1st Cir. 1987
Noe v. Roussel [ ], supra at 818.